Legal Question in Credit and Debt Law in Illinois

Can I sue a collection agency?

Ordered a phone & service from one of the popular companies out there. Could not make or recieve calls at home or at work. No need for Phone. Called company asked what I could do. They told me to return phone in box as is. Did that! Sent it with our local post office signature receipt. This began in November of 2003. They kept threatening me of having to pay charges. I kept asking what I did wrong. They asked me for more documentation. Did everything they wanted. Just got them to admit that they were wrong and I am now being credited for the full amount. This occured as of Saturday, February 27th. Now I get calls from a collection agency that they said turned over the case to them. When I told them that I am being credited for the whole thing they said it was my responsibility to get a letter from the company and send it off to them. I asked them why aren't they doing this they said that it is now not in the hands of the phone company because they turned the collection to them. I am so tired of sending things and getting this thing cleared. Collection agency is not threatening to send to credit bureau. I am so tired of being threatened with my credit history! Can I sue someone?


Asked on 3/04/04, 11:09 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Can I sue a collection agency?

Under the Fair Debt Collection Practices Act (FDCPA), you can demand that the collection agency verify the debt. I should hope when they do this, the phone company will tell them that there is no debt. The FDCPA has a LOT of other requirements, so you many want to do a little research to make sure that collection agency is dotting every i and crossing every t. Always fun to mess with them if they miss something.

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Answered on 3/04/04, 1:12 pm


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